Crimes such as fashion forgeries, counterfeiting, lifting, knockoffs are just the tip of the iceberg as the lack of protection for safeguarding the rights and interests of designers, artisans, craftsmen and others involved therein are currently emerging to be an alarming concern. In India, there are no laws that govern the fashion industry per say.  However, there are a comprehensive set of laws that protect and regulate the fashion industry. For instance, designs and artistic ideas can be protected under the ambit of IPR laws i.e. The Designs Act 2000, The Patents Act 1970, Trade Marks Act 1999, The Geographical Indications of Goods (Registration & Protection) Act 1999 and The Copyright Act 1957. Likewise, labour laws regulate the manufacturing processes, corporate laws oversee company related issues and banking laws govern the financial aspect of the same.

As an intellectual property right the value of Copyright, Trademark, Geographical Indication or Design Rights is to generate more value and surplus in the economy. IPR as commonly known is introduced to protect the creativity of human beings. On the one hand, it encourages human beings to be creative and innovative for the development of new and novel products, thereby, enhances competition in the market. On the other, it attempts to indicate the source of the good for confirming the integrity of the marketplace. Therefore, it is evident that IPR laws and fashion are interdependent. Having said that, considering the boom in the fashion industry post globalisation and the competition that is intensifying exponentially therein, it is crucial that some protectionist measures are established to encourage innovation and ensure the inflow of revenues.

Economic development of countries and IPR are intertwined as registration copyright, trademark, geographical indication or design right can help fashion communities and houses to develop a corporate image, brand value and reputation in the national and international marketplace. Registration of the same add value to the companies as it acts as it provides a competitive edge to the fashion houses which reflect upon the sales, profits and the brand value of the product and company. Also, registration of an IPR would also avoid any probability of an offence. The purpose of IPR laws is to ensure that the origin is clearly indicated, the creative ideas of a human are protected and at the same time it also assesses the implications of the natural, utilitarian and aesthetic features on market competition. Therefore, it has two-fold benefits which enables consumers to enrich their purchase decisions and provides perpetual protection to the owner of the creative idea. 

Theoretically, the aim of the law is to ensure that the potential and contribution of the traditional fashion community is protected and recognised. However, owing to its strenuous registration procedures, the same often causes a lot of hassle to the traditional fashion community, thereby, leaving their potential go unnoticed.  Moreover, the various expenditures associated with these registrations and the process of renewing the same in various countries drastically demotivates the aspirations of our traditional fashion segment.

Nevertheless, IPR laws can be a vehicle to augment the economic potential of our country as the fashion industry can play a dynamic role in encouraging and supporting innovation and creativity. Also, with the widespread influence of IPR at a domestic and international level, it provides an opportunity for Indian fashion brands and traditional communities to establish and protect their brand value in the global marketplace by generating revenue.

Photo Credit: NOEMI OTTILIA SZABO

However, this convoluted relationship between IP and fashion has been criticized due to its disconnect with copyright law and bizarre blindness towards creativity and artistry. In India, a plethora of legislation namely the Copyright Act, Designs Act, Patent Act, Trademark Act, Copyright Act, and Geographical Indication of Goods Act aims to secure the intellectual property rights of the fashion industry. But whether the legislation has the requisite tooth and claws to deter and punish copycats is a debatable issue.

Presently, the Indian IP rights, besides trademark law, safeguarding apparel designs are the Design right and a Copyright. These rights can be granted and claimed for fashion or garments which rest with the actual fabric design. Designers and fashion houses may choose to protect drawings on any garment design/shape of the garment itself, attributing to its unique fabric and tailoring. However, this right cannot be held indefinitely. The design right grants protection for a maximum period of 15 years and is limited to original, novel designs that have not been disclosed to the public whether in India or anywhere in the world, significantly distinguishable from any known designs or combination of designs. In 2017, Rohit Bal became the first Indian designer to copyright his entire collection, which was followed by numerous designers thereafter.

Despite the various legislations, this industry is plagued with piracy and infringement. Duplication of goods has now accelerated due to the penetration of internet to consumers from every corner of the country. Such prevalent practices raise questions on India’s IPR enforcement mechanisms and also cast a shadow of doubt over the competency of present IP laws in fashion industry. It is observed that design piracy culture is not merely middle class chase for luxury lifestyle but the practice exists among the designers themselves. Among other things, this also discourages fashion designers from investing and creating original works of art and couture.

Another viewpoint is that, a restrictive and limited monopoly granted by the traditional copyright regime would stifle and restrict the free distribution of fashion garments. As a result, designers in India and also fashion forward countries like France turn a blind eye towards unlawful acts by small reproducers. For the longest time, it has been common practice in the industry to turn a blind and a deaf ear to such acts of misappropriation. 

Nowadays, woke fashion houses have resorted to unconventional methods of protecting their designs in recent times. Designers have appointed couture watchdogs like Diet Prada and Diet Sabya, who call out knock-offs to expose the highly prevalent copycat culture in India and abroad. Therefore, copycat-conscious citizens with robust legislation together can provide a conducive environment to designers and fashion houses for growth, financial success balanced against innovation and artistry. 

They say, imitation is the highest form of flattery. But Indian IP laws must do more than just identify and punish those to swear by this saying! In spite of a number of legislations to curb unauthorized imitations, piracy and other acts causing infringement of intellectual property, some instances of unauthorized imitation may continue to occur in cases of personal consumption. Aside the moral rights argument in favour of such local creations inspired by high end designers beyond the reach of over 99% of India’s population, the fashion industry’s response is its stimuli to a market that has survived for so long without an IP regime with its financial ability to withstand the acts of piracy. Ultimately, it goes without saying that the inherent nature of this industry makes piracy a positive test of its popularity – because only the test of fire makes fine steel!